Mantura Khatoon @ Manturni Khatoon v. The State of Bihar
CR. MISC./12035/2025 · 2025-03-28
Khatim Reza
body2025
DailyLaw.ai
[ 2025 DAILYLAW 20134 (PAT) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 20134 (PAT) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.12035 of 2025 Arising Out of PS. Case No.-364 Year-2024 Thana- BAIRIYA District- West Champaran ======================================================
1. Mantura Khatoon @ Manturni Khatoon Wife of Budhan Miyan Resident of village -ward no 4 Bagahi, Ahirani tola, Ps -Bairiya, District -west champaran
2. Samsun Khatoon Wife of Budhan Miyan Resident of village -ward no 4 Bagahi, Ahirani tola, Ps -Bairiya, District -west champaran
3. Jamila Khatoon @ Jamil Khatoon Wife of Sadhu Miyan village- Siswa Saraiya, ward no. 12, Ps- Bairiya, Dist- West Champaran ... ... Petitioner/s Versus
1. The State of Bihar
2. Khedu Mian son of Aash Mohamad Mian village- Rani Pakdi, Ward no. 43, Nagar Nigam Bettiah, ps- Mufasil, Dist- West Champaran ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Sujeet Kumar, Adv. For the Opposite Party/s : Mr. Ram Priya Sharan Singh, APP For the informant : Mr. Sunil Kumar No.3, Adv. ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 2 28-03-2025 Heard learned counsel for the petitioners, learned counsel for the informant and learned Additional Public Prosecutor for the State. 2. The petitioners apprehend arrest in connection with Bairiya P.S. Case No. 364 of 2024 dated 21.10.2024 instituted for the offence punishable under Sections 126(2), 115(2), 85, 140(1) and 3(5) of the Bharatiya Nyaya Sanhita and under Section 4 of the D.P. Act. 3. The prosecution case in short is that informant’s
Patna High Court CR. MISC. No.12035 of 2025(2) dt.28-03-2025 2/3 daughter was married to co-accused Safaruddin Mian @ Sarfuddin Mian on 14-12-2023 according to Muslim rites. After two months, the F.I.R. named five accused, including the petitioners, started demanding dowry and harassing her. On 18.10.2024, the informant received a call stating that she had been brutally assaulted. Upon this, the informant and his family tried to contact her in-laws but received no response. Later, co- accused, Safaruddin informed him that his daughter had fled away. He searched for her among their relatives, but she could not be found. The informant suspects the accused of making her disappear and fears foul play. 4. Learned counsel for the petitioners submits that the petitioners are innocent and they have been falsely implicated in this case.
It is further submitted that petitioner no.1 is the unmarried sister of the husband of deceased, while petitioner no.2 is a married sister residing with her husband, and petitioner no.3 is the wife of the elder brother of the husband of the deceased. There is no specific allegation against these petitioners. It is also submitted that the status of the petitioner no.3 and the deceased is the same. Lastly, it has been submitted that petitioners have no criminal antecedents. 5. Learned counsel for the informant and learned
Patna High Court CR. MISC. No.12035 of 2025(2) dt.28-03-2025 3/3 APP for the State have vehemently opposed the prayer for bail. It is submitted that there is specific allegation against the petitioners of demanding dowry. 6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest or surrender before the Court below within six weeks from today, the petitioners be released on bail upon, furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned ACJM III, Bettiah Dist. West Champaran, in Bairiya P.S. Case No. 364 of 2024, subject to the conditions laid down in Section 438(2) of the Code of Criminal Procedure, 1973. 7. The application stands allowed. shyambihari/- (Khatim Reza, J) U T